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Ricky (RMO)     29 July 2011

Divorce advise

I am an NRI residing in UK. I got married in January 2008. Before the marriage, it was never mentioned to me that my wife had mental disorders, prior to marriage. They kept on saying that she had 'depression', though her symptoms / story was strongly suggestive of schizophrenia. Anyway, after coming to the UK, she used to continuously fight over no reasons, would hardly do anything around the house and started flirting on-line behind my back with her prvious boyfriend, and used to curse my family members using venomous language & accusing me of having slept with my friends & even my sister-in-law (sic!). There was absolutely no dowry involved.

All this was getting too much and hence I finally decided to call it a day after two long and painful years, during which she also used to threaten self harm / suicide and would say things like 'she will write my name as the person responsible for this step'. She infact had also emailed her boyfriend that she had married me for money!!

Now we have been seperated for one year (since July 2010, and she has been living in India) and I have now decided to put an end to this once and for all! In the meantime, I have was granted British citizenship, as I have been a tax payer under the Highly Skilled work visa programme. But I had a few questions to clarify a few things:

 

1) Can I file for a divorce in UK, even though she is in India?

2) Can the divorce proceeding go ahead in my absence?

3) What are the grounds for divorce here, only her unrevealed mental health condition, or something else? I had told her last year that I am willing to settle for divorce by mutual consent.

4) And the usual ominous false cases filed by girls under Section 498A to wreck revenge or squeeze money out of people. What would my standing be in this situation?

Many thanks in advance.....



Learning

 1 Replies

GIRISH KUMAR, ADVOCATE (Lawyer)     29 July 2011

Dear Ricky,

Facts given by you is not sufficient to advice you in a proper manner but as per the above facts and ciercumstances the answer of your query is as under:

Query No: Answer is affirmative subject to the condition of Jurisdiction of the Local court of law in UK.

Query No: Answer is affirmative. You should have first file the petition for divorce under your personal law and then the proceedings may go ahead in your absence also subject to the cndition that you should have to appear as and when it is necessary.

Query No: The above said incident is sufficient to proceed for divorce proceedings.

Query No: Its true. You should have mently prepared for the same and ready for some unavoidable circumstances.

 

If you have any further query then you may also contact on my mobile 09873777479 or mail me at girishkumarlaw@yahoo.co.in.

 

Thank you.


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